By: Averitt S.B. No. 2318
(In the Senate - Filed March 18, 2009; March 31, 2009, read
first time and referred to Committee on Natural Resources;
April 15, 2009, reported favorably by the following vote: Yeas 9,
Nays 0; April 15, 2009, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the use and management of surface water resources.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11.002, Water Code, is amended by
amending Subdivision (1) and adding Subdivision (7) to read as
follows:
(1) "Commission" means the Texas [Natural Resource
Conservation] Commission on Environmental Quality.
(7) "Developed water" means:
(A) groundwater that is in a watercourse or
stream, that would not be in the watercourse or stream but for the
efforts of the developer, and that is intended for subsequent
diversion and use by the developer;
(B) surface water obtained through an approved
interbasin transfer of water that is in a watercourse or stream,
that would not be in the watercourse or stream but for the efforts
of the developer, and that is intended for subsequent diversion and
use by the developer;
(C) waters imported from another state; and
(D) waters originating in the bays or arms of the
Gulf of Mexico.
SECTION 2. Subsection (e), Section 11.023, Water Code, is
amended to read as follows:
(e) The amount of water appropriated for each purpose
mentioned in this section shall be specifically appropriated,
stored, or diverted for that purpose, subject to the preferences
prescribed in Section 11.024 of this code. The commission may
authorize appropriation of a single amount or volume of water for
more than one purpose of use. In the event that a single amount or
volume of water is appropriated for more than one purpose of use,
the total amount of water actually diverted for all of the
authorized purposes may not exceed the total amount of water
appropriated.
SECTION 3. Subsection (b), Section 11.042, Water Code, is
amended to read as follows:
(b) A person who wishes to discharge and then subsequently
divert and reuse the person's existing return flows derived from
developed water [privately owned groundwater] must obtain prior
authorization from the commission for the diversion and the reuse
of these return flows. The authorization may allow for the
diversion and reuse by the discharger of existing return flows,
less carriage losses, and shall be subject to special conditions if
necessary to protect an existing water right that was granted based
on the use or availability of these return flows. Special
conditions may also be provided to help maintain instream uses and
freshwater inflows to bays and estuaries. A person wishing to
divert and reuse future increases of return flows derived from
developed water [privately owned groundwater] must obtain
authorization to reuse increases in return flows before the
increase.
SECTION 4. Subsection (c), Section 11.126, Water Code, is
amended to read as follows:
(c) If the application proposes construction of a dam
greater than six feet in height measured from the channel invert
elevation to the top of the dam either for diversion or storage, the
executive director may also require filing a copy of all plans and
specifications and a copy of the engineer's field notes of any
survey of the lake or reservoir. No work on the project shall
proceed until approval of the plans is obtained from the executive
director.
SECTION 5. This Act takes effect September 1, 2009.
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